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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1682
Introduced 2/9/2007, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED:
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New Act |
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30 ILCS 805/8.31 new |
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Creates the Social Networking Website Prohibition Act. Provides that each public library must prohibit access to social networking websites on all computers made available to the public in the library. Provides that each public school must prohibit access to social networking websites on all computers made available to students in the school. Provides for enforcement by the Attorney General or a citizen. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2008.
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| FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB1682 |
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LRB095 11001 NHT 31309 b |
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| AN ACT concerning social networking websites.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Social |
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| Networking Website Prohibition Act.
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| Section 5. Definitions. In this Act: |
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| "Administrative unit" means the entity designated by the |
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| State or a unit of local government or school district as |
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| responsible for the administration of all public library |
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| locations established or maintained by that governmental |
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| entity. |
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| "Computer" means a computer, as that term is defined in |
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| Section 16D-2 of the Computer Crime Prevention Law (720 ILCS |
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| 5/16D-2), that has Internet access. |
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| "Public library" means any library established or |
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| maintained by the State or by any unit of local government or |
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| school district in this State, but does not include any library |
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| of a college or university. |
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| "School" means a public school located in this State. |
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| "School board" means the school board of a school district |
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| in this State.
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| Section 10. Prohibition. Each public library must prohibit |
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SB1682 |
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LRB095 11001 NHT 31309 b |
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| access to social networking websites on all computers made |
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| available to the public in the library. Each school must |
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| prohibit access to social networking websites on all computers |
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| made available to students in the school.
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| Section 15. Enforcement. If a public library or school |
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| fails to comply with Section 10 of this Act, the Attorney |
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| General or a citizen of this State is authorized to seek |
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| enforcement as provided in this Section. The Attorney General |
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| or a citizen shall first mail to the applicable administrative |
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| unit or school board a notice of intended civil action for |
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| enforcement that shall identify each public library or school |
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| location at which a violation is alleged to have occurred and |
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| shall specify the facts and circumstances of the alleged |
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| violation of Section 10. Within 15 days after the receipt of |
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| the notice, the administrative unit or school board shall mail |
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| to the party that sent the notice a written response indicating |
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| whether the administrative unit disputes that an alleged |
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| violation occurred, with the reason it disputes the allegation, |
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| or whether each public library or school location identified in |
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| the notice has complied with or has initiated reasonable |
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| efforts toward compliance with the requirements of Section 10. |
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| If the Attorney General or the citizen does not receive a |
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| written response within 25 days after receipt of the notice by |
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| the administrative unit or school board or if, after receiving |
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| the written response, the Attorney General or the citizen is |
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SB1682 |
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LRB095 11001 NHT 31309 b |
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| not satisfied that compliance with the requirements of Section |
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| 10 has been rendered or that reasonable efforts toward |
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| compliance have been initiated, the party that sent the notice |
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| may bring a civil action to enforce Section 10 in the circuit |
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| court of the county in which the administrative unit or school |
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| board is located. |
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| All mailings required by this Section shall be certified |
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| with return receipt requested. |
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| No cause of action, except that authorized by this Section, |
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| shall arise in favor of a person due to the failure of a public |
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| library or school to comply with Section 10 of this Act.
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| Section 80. Rules. The State Librarian shall adopt rules to |
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| implement and administer the provisions of this Act with |
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| respect to public libraries. The State Board of Education shall |
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| adopt rules to implement and administer the provisions of this |
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| Act with respect to schools.
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows:
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| (30 ILCS 805/8.31 new) |
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| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by the Social Networking |
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| Website Prohibition Act.
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